Abe Fortas

regulation was adopted. […] [Additionally,] A former student of one of our high schools was killed in Vietnam. Some of his friends are still in school. It was felt that if any kind of a demonstration existed, it might evolve into something which would be difficult to control” (Sergi). Justice Marshall responded in what was thought to be an aggressive manner (Shackelford 382). When Herrick claimed that the armbands could make a disturbance, Justice Marshall asked if “the school board was afraid that seven students wearing armbands would disrupt eighteen thousand [people]” (Shackelford 382; Sergi). The Supreme Court voted 7-2 with the Tinkers winning the case, which reversed the ruling from the district court (Shackleford 382; Sergi). Justice Abe Fortas was entrusted with writing the majority opinion (“Tinker v. Des Moines Independent Community School District”). He talked about how “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (“Tinker v. Des Moines Independent Community School District”). He additionally talked about how “undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression” as well as how “state-operated schools may not be enclaves of totalitarianism” (“Tinker v. Des Moines Independent Community School District”). Also, Justice Fortice talked about how the worry of a disturbance was not why the school placed…

In 1968 three students in Des Moines, Iowa, arrived at their separate schools wearing black armbands to protest United States involvement in the Vietnam war. A lawsuit filed on behalf of the students was eventually argued in the Supreme Court on November 12, 1968. Based on the analysis on the specifics of the Tinker v. Des Moines case and the arguments and principles outlined in the three sources, the argument of Justice Abe Fortas had a stronger viewpoint rather than Justice Hugo Black. Fortas…

Armbands After reading and analyzing the article “Armbands” I can infer that both Justice Hugo Black and chief justice and Fortas had compelling arguments on whether or not the students should not be prohibited on school ground on one hand justice Abe Fortas believes that certain kinds of speech should not be prohibited within an educational setting and on the other hand justice Hugo black argues that certain kinds of speech should be prohibited in an educational setting Justice Abe Fortas…

During 1968, three students attending a school in Iowa were suspended for wearing black armbands. The lawsuit was filed and eventually moved up to the Supreme Court. Based on the analysis of the specifics of the Tinker v. Des Moines case and the argument and principles outlined in the three sources, Justice Abe Fortas had a stronger argument supporting that he believes that certain kinds of speech shouldn’t be prohibited in a school setting. Justice Fortas supports the idea that children should…

right to freedom of speech, but whether or not students should say everything that comes to mind is a debate. Chief Justice Abe Fortas argues certain kinds of speech should not be prohibited in an educational setting while Justice Hugo Black argues not everyone should be able to speak whatever they feel wherever they are. Every school has limits on what students can and cannot wear to keep from having disturbance in class. The focus of this discussion is whether or not certain kinds of…

breaking and entering and minor stealing. In the book we find a detailed account of the story of a man that managed to become a constitutional landmark. The book is set in the 1960’s in the beautiful state of Florida. The scenery is always in a courtroom or Gideon’s Jail cell. The setting is set in a time period where there civil unrests existed in equality. The book presents to the reader the story of Clarence Earl Gideon who was a petty thief previously. He conserved his documentation by…

rules in Florida about appointing an attorney to only capital cases. While in jail, Gideon wrote a handwritten letter to the United States Supreme Court claiming that he was convicted in violation of his constitutional rights; all the justices regard this letter as an appeal and decided to take it into their own hands furthermore. Since Gideon was petitioning a writ of habeas corpus against the prison, and Wainwright was the head of the Florida prisons, he was then determined the defendant. In…

The ruling, which occurred during the Vietnam War, granted the students the right to express their political opinions as long as they did not disrupt the classroom. Their First and Fourteenth Amendment rights could not be restricted based on a “general fear of disruption,” which is what the administration argued. According to Justice Fortas, who wrote the majority opinion, the protest was a “silent, passive expression of opinion.” Though a few hostile comments had been made to the students who…

Opinion of the Court (Justice Abe Fortas) The court decided in favor of the Tinkers, 7 to 2. They said that the armbands represented speech and should not be suppressed. If the schools wanted to do that, they said, they needed to provide proof that said speech would be “materially and substantially” interfering with the learning process (Oyez), and that simply fearing disruption is not enough to strip students of their First Amendment rights. The justices that agreed with the majority were…

In 1965, President Johnson appointed his personal attorney Abe Fortas as an associate justice to the Court. The account given in Courtwatchers describes President Johnson “strong-arming” Fortas into accepting the nomination for an associate justice seat. Although, Fortas had reservations about accepting the nomination, he continued to provide President Johnson with legal advice, counseled him on political issues, and wrote some of his speeches. Luckily, though no president since has placed a…